The Preamble of the Constitution of India

The constitution of a country is the fundamental law which defines the relationship between the three organs of the government on the one hand and relationship between the government & the citizen on the other hand. It is fundamental in the sense that no other law or executive order of the land cannot supersede the constitution. The Indian constitution is the supreme & fundamental law of the land.

Preamble:

Each and every modern constitution are in the written form having their own preamble. Preamble is a soft of preface or introduction to a constitution. It is indeed a mirror in which we can see the intensions of the makers of the constitution. Through it does not form a part of the constitution, yet it definitely affords a key to its spirit and meaning. It proclaims the content and purpose of the constitution. It sets out the objectives or goals for the achievement of which the constitution is framed. Mr. N.A. Palkiwala calls it as the “Identity card of the constitution”. It is the horoscope of the state.

The Preamble of the Constitution of India:

While the constitutional fathers produce the constitution, they fix various types of developmental goals and ideologies which were firstly presented by Jawaharlal Nehru on 13th December 1946 as “Objective Resolution”. It was passed on 22nd January 1947. Those objectives are also found in the “preamble” of India. We have a written constitution and written preamble for India.

We, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC, REPUBLIC and to secure to all its citizens.

JUSTICE, Socio, Economic and Political, LIBERTY of thought, expression, belief, faith and worship.

EQUALITY of status and of opportunity and to promote among them all.

FRATERNITY assuring the dignity of the Individual and the Unity and Integrity of the Nation.

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November 1949 DO HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION”.

Ingredients of the Preamble:

The preamble reveals four ingredients. These are: –

1. Source of authority of the constitution: – The preamble states that the constitution derives its authority from the people of India.
2. Nature of Indian state: – It declares Indian to be of a sovereign, socialist, secular, democratic and republic.
3. Objective of the constitution: – The preamble declares and provides justice, liberty, equality and fraternity as the objectives.
4. Date of adoption of the constitution: – It stipulates November 26, 1949, as the date of adoption of the constitution.

Key words in the preamble:

The Indian preamble is constitute of certain specific words. Those words can be categories under two headings.

1. Nature of the state
2. Objective of the state. (State means India)

The term sovereign, socialist, secular, democratic, republic describe the nature of state while terms like justice, liberty, equality, fraternity describe the objectives of the state.

Sovereign:

The word “sovereign” implies that India is neither a dependency nor a dominion of any other nation, but an independent state, there is no authority above it, and it is free to conduct its own affairs (both internal & external).

Through the membership of “Commonwealth Nation” and accepted the British crown as the head of it, the membership of UNO and other International Organizations does not affect its sovereignty.

Socialist:

The term socialist was added by 42nd constitutional amendment of 1976. The Indian Brand of Socialism is not communistic or state socialism, rather it is democratic socialism. It believes on the existence of both private and public sector for national development.

The DPSP and new economic policy (1991) says about the socialist versions of the Indian constitution.

Secular:

The term “secular” was also added by the 42nd Constitutional Amendment Act of 1976. It indicates the absence of any particular state religion. It is positive in character as all the religions are getting equal status and importance in the constitution, Act 25 to 28 (fundamental right to freedom of religion) guarantees the equality of religion.

Democratic:

India is described as a democratic state as it is based on the doctrine of popular sovereignty that is possession of supreme power by the people.

The Indian constitution provides for representative parliamentary democracy under which the executive is responsible to the legislative body for all its policies and actions. Universal adult franchise, periodic elections, rule of law, independence of judiciary and absence of discrimination among people on various ground provide democratic background of India.

Republic:

A republic state is one in which the government or head of the state must be elected either directly or indirectly. Every democratic polity is divided under two category whether monarchical or republic. It also guaranteed the absence of centralization of power on one hand absence of any privilege class on other hand.

As the Indian president (head of state) is elected, it is right to design Indian as a republican state.

Justice:

Justice is taken as an objective of Indian states. The preamble guarantees justice in social, economic and political field. It means absence of special privileges.

Social Justice indicates that equal treatment of citizens without any social discrimination “No discrimination between people on economic ground” is the motto of economic Justice. Political Justice implies that all citizens should have equal political rights.

Liberty:

The term “liberty” means absence of any restrain on individual activity and providing opportunity for the development of individual personality. The Indian people guarantees in providing liberty of thought, faith, expression, believe and worship.

Equality:

The term “equality” means absence of special privileges to any section of the society and the provision of adequate opportunities for all individuals without any discrimination. The preamble secures to all citizens of India equality of status and opportunity. It has three aspects like social, economic and political.

The fundamental right to equality (Article 14-18) guarantees social equality. Article 325 and Article 326 provide political equality as providing equal political right and adult suffrage. The Directive Principle of State Policy provide economic equality to the Indian citizens.

Fraternity:

Fraternity means a sense of brotherhood. The constitution promotes this feeling of fraternity by the system of single citizenship. The preamble declares that fraternity has to be assure two things, the dignity of the individual and the unity & integrity of the nation.

The preamble of India is one of the finest parts of our constitution. It has set out high ideals and endeavors to establish a society free of tensions based on democratic values. It has been described as “a key to understand the motives and intensions of the makers”.

Adoption:

We have adopted our new constitution on 26th November 1949. We practiced the constitution for 26th January 1950.

Conclusion:

However, even after 60 years of our democratic & republican experience, we the Indians are not to the goals and objectives set by the constitution.

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